Novelist Fern Michaels testifies in defamation suit

Tuesday

Jan 22, 2013 at 9:34 PM

The email begins like a page-turning suspense novel: "If I wind up dead …"

By KIM KIMZEYkim.kimzey@shj.com

The email begins like a page-turning suspense novel: “If I wind up dead …”It's what Shelley Dangerfield emailed her mother, Wanda Dilley, in May 2007.Dangerfield lived in Spartanburg County when she sent the email. Whom did she finger as the person likely responsible for her arranged murder? None other than best-selling author Fern Michaels.Mary Kuczkir is Michaels' real name. Michaels has filed a defamation suit against Dangerfield, along with Dangerfield's mother and brother, Craig Dilley.All three are accused of forwarding a defamatory email insinuating that if Dangerfield died, Michaels “more (than) likely arranged for it to happen.” According to testimony, Dangerfield sent the email to her mother, who forwarded it to her son, who forwarded it to a website that sold and promoted Michaels' books.Michaels was first to testify in the bench trial that began Tuesday. She's represented by attorneys Robert and Susan Rosen and Ben Harrison. Robert Rosen said in court that Michaels has overcome many obstacles, including dyslexia and poverty, and has written more than 130 books, 100 of which have been New York Times bestsellers.“She was literally a coal miner's daughter,” Rosen said.Michaels raised five children. One daughter died in December 2005. Michaels' relationship with her late daughter's husband, Carlos Ramos, was described as “rocky.” Michaels and her former son-in-law had a custody battle over one of her grandchildren and wrangled in court over other legal matters.Dangerfield testified she began dating Ramos in June 2006 while separated from her second husband.Rosen said the email caused his client, 73 years old at the time it was sent, extreme distress. He said her reputation was “impeccable” and she had never harmed anyone.

Conor Keys represents the defendants, and argued in opening statements that Dangerfield feared for her safety when she emailed her mother and wanted to establish a record in case anything happened. According to testimony, Dangerfield was not on speaking terms with the codefendants at the time because they were unhappy about her dating Ramos.Wanda forwarded the email to Craig, who lived in South Carolina, and he shared his mother's concerns, Keys said. Craig thought he was emailing Michaels. He argued they were simply concerned for Dangerfield's safety.Michaels, who lives in Summerville, testified about her philanthropic work. After budget cuts, she donated bullet proof vests for canines, defibrillators and Tasers for the local police department and cameras for a fire department. She said she also opened daycare centers that offered affordable rates to single mothers.Michaels testified that when she learned of the email, “I thought it was a really sick joke at first.”She said she did not know Dangerfield or the Dilleys and felt “sick to (her) stomach.”Michaels said the woman who operated the website promoting her books emailed to ask about Shelley Dangerfield. Michaels also received phone calls from friends about the email.She said she could not fathom how strangers could invade her life and try to destroy a reputation and career she worked so hard for.“It's wrong. They're evil people,” Michaels said.“I struggled all my life to get to where I am today,” she said.She said she was sick, angry, and unable to eat, sleep or work and questioned what the defendants might do next. She said she was unable to write for six months and said she's lost $850,000 due to legal fees and her inability to write.

Under examination from Keys, Michaels denied accusing Ramos of killing her daughter, hiring a private detective before the defendant's email and telling Ramos that if he knew what she did about Dangerfield that he wouldn't date her. People testified that they heard about accusations in the email from Craig Dilley and did not think Michaels was capable of plotting or attempting to plot a murder. Lori Williams was among them.Williams owned and operated a website that advertised and promoted authors. She testified she did not know Dangerfield when she received the email. But she wasn't the only one to see it. Williams said in court that she had several people who volunteered to help her maintain the site and when the email was submitted it was automatically forwarded to at least 13 people who helped with the site.Williams testified they were told to delete the email and not discuss it. But not everyone heeded her advice, according to testimony. People emailed her asking if the allegation was true.“I didn't know what to think at first,” Williams said.Williams said she did an Internet search of Dangerfield's name and learned that she was employed with the South Carolina National Guard. Williams, the mother of a service member, replied to the email, but got no response. She also questioned why Dangerfield contacted her, rather than law enforcement.She later forwarded it to Dangerfield's commanding officer with a note of her own.Michaels' attorneys also read excerpts from Dangerfield's and Craig Dilley's depositions in court, painting them as uncooperative. Excerpts read from Wanda Dilley's deposition said she spoke with coworkers and friends about the lawsuit and said she did not contact the police or her daughter.Keys argued that Michaels is a public figure and that the plaintiff had not proved malice. Rosen argued that Michaels did not have to show malice to prove defamation.Dangerfield was the final witness to testify Tuesday. She said in court that she now resides in Ladson and has retired from the military.She said her and Ramos' vehicles were vandalized — tires slashed and spray painted — in 2006 and that she received threatening phone calls from a male. She said Ramos found a GPS on his car soon after they started dating.

“I was scared. I was fearful. I was confused,” she said.Under cross examination, Rosen asked Dangerfield why she did not take steps to protect her safety, such as contacting police, if she felt her life was in danger. Dangerfield said she contacted police when their vehicles were vandalized, but reports were not taken.Circuit Judge Roger Couch is presiding over the trial, which is expected to resume at 9:30 a.m. Wednesday.